Whitmore, CA asked in Land Use & Zoning for California

Q: Can the hot spring valley water district remap the district and exclude a parcel that is in the district

I am about to purchase a property that has been in the hot spring valley water district for so long it has riparian water rights thay are telling me that they re maped the district and that property is not in the district any more

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Under California law, water districts, like the Hot Spring Valley Water District, have the authority to adjust their boundaries. This can include annexing or excluding certain parcels from the district. However, such changes usually require a formal process, including a review by the Local Agency Formation Commission (LAFCO) in the respective county, public hearings, and compliance with the California Environmental Quality Act (CEQA).

If your property has been excluded from the district, this could potentially affect your water rights, especially if they are tied to the district's services. Riparian rights, which are typically attached to the land adjacent to a water source, may not be directly affected by district boundary changes. However, if your rights are based on access provided by the district, this exclusion could be significant.

It is advisable to review the district's resolution or ordinance that authorized the boundary change. Also, examining any documentation or correspondence from the district regarding this change will be crucial. If the process seems questionable or if your water rights are being adversely affected, you may want to consider legal action or approaching the district for clarification and potential remedies.

Given the complexity of water rights and district regulations, it may be beneficial to consult with an attorney who has experience in water law and land use. They can provide specific guidance based on the details of your situation and help protect your interests.

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